Quebec is expected to approve Bill 96 this week, a controversial bill proposed by the government to protect the French language in the province.
The bill will reform several pieces of Quebec law, including the French Charter, covering everything from education and healthcare to immigrants’ rights to be served in other languages.
Simon Jolin-Barrett, the French minister, says that because Quebec is a French province, it must use its official language with the public.
“One thing is certain: if we want to improve the level of French here in Quebec, we must act first on the state,” he told the CBC. “If we want citizens to use more French, the one who should set this example is Quebec.”
Since then, however, the bill has been criticized on several fronts, including the use of the independence clause, which allows a province to repeal fundamental freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
Instead of simply applying the clause to specific parts of Bill 96, the government has applied the clause to the entire bill, making every aspect of the broad law immune to legal challenges based on the charter.
So what does all this mean for the people of Quebec? What exactly is there and what is not in Bill 96 – and how will it work in practice? Which parts are critics worried about? Here’s what we know so far.
Education
The bill will limit how many students can enter English-language colleges known as CEGEP.
The number of students in English-speaking CEGEP, as a share of the total number of students, may not be higher than the previous school year and may not exceed 17.5% of the total student population in Quebec.
Once you are in English CEGEP, there are new requirements during your training. All students will be required to complete at least three 45-hour French language courses.
For those who qualify in English, these may be French second language courses – so classes that just teach you how to speak and write French.
For those who do not qualify, there should be three courses from your core curriculum. So, if you are studying health sciences, three of your health science courses must be in French. Students who meet the English language requirements can also choose to go this route if they prefer.
Thousands took part in a demonstration against Bill 96 in downtown Montreal last weekend. (Graham Hughes / Canadian Press)
Once we take care of that, there is another requirement for graduation. Bill 96 says that a student “who does not have the necessary knowledge of the government to speak and write French” cannot receive a diploma.
This means that there is an exam in French at the end of the CEGEP training. The exam is the same throughout the province, whether or not the student has attended English or French CEGEP and you must pass to complete.
However, those who meet the English language requirements are exempt from taking the exam.
Bill 96 does not change who has the right to study English.
Healthcare
Bill 96 states that state structures must “use the French language in an exemplary manner, promote its quality, guarantee its development in Quebec and protect it”.
But Bill 96 also has an exception, according to which government agencies may use a language other than French, “where health, public safety or the principles of natural justice so require.”
However, another section states that the government agency also cannot “use this other language systematically”.
This is the part that excites some people. Speaking to CBC News last week, Jolin-Barrett was adamant that when it comes to access to healthcare, nothing will change for English speakers in the countryside.
“Anyone who wants to receive health services in English can get them,” he said. “If you’re English-speaking Quebec, or a recent immigrant, or a tourist, you can get it in English. That was before. That’s right now. And so it will be in the future, after Bill 96 “
Simon Jolin-Barrett, the French minister, says that because Quebec is a French province, it must use its official language with the public. (Dany Pilote / Radio-Canada)
However, Robert Lecky, dean of McGill University’s law school, said it was unclear when the health care system would be allowed to apply the exemption.
He explained that for the Quebec Religious Symbols Bill, Bill 21, the government had explicitly stated that the entire health care system was exempt from the law.
“Obviously they choose not to do that,” he said.
Leki said this suggests that not everything will be covered by the release. Which types of health care meet the requirements and which do not, is not explicitly stated in the bill.
He noted that if it is proven that Bill 96 in any way violates Canada’s federal health law, which guarantees access to care, federal law will take precedence, but it is unclear whether this will be the case in practice.
Court and justice
Like the health care system, Bill 96 has an exception to “natural justice”, and Quebecers have the right to seek justice in the courts in English or French. This aspect of the law will not change.
But how easy it will be to find an English-speaking judge is a different question.
Bill 96 states that judges will no longer have to have a “specific level of knowledge in a language other than the official language”.
If both French and the Ministers of Justice agree, they may choose to require two languages for a future judge, but only after all other options have been exhausted.
So while the right to be heard in English is still established, the reality of how often it will be to have a bilingual judge in the future is in question.
Politicians elected to the National Assembly or appointed ministers will also not be required to speak English.
Privacy and the workplace
Bill 96 also affects the French language in the workplace and gives broad new powers to the Quebec language service to investigate companies suspected of not working in the official language of the province.
Prior to Bill 96, only companies with 50 or more employees had to have a plan in place to ensure that French was a common language in the workplace. This includes the presence of a French committee and a certificate from the government confirming that the common language of business is French.
This will now apply to companies with less than 25 employees.
In addition, employers will not be able to require knowledge of a language other than French while hiring or promoting employees.
The only exception is if the employer can demonstrate that another language is required for the job and that he has “taken all reasonable means to avoid imposing such a requirement”.
But constitutional experts are concerned about what could happen when business is suspected of not being French enough.
Daybreak Montreal12: 03What are the implications of Bill 96 in the law?
We spoke with Frederic Berar, a lawyer and professor of constitutional law at the University of Montreal, about the bill.
According to the Quebec Charter in French, inspectors have already been allowed to investigate these cases, including requesting documents. However, this power has always been limited by the Canadian Charter, which protects Canadians from unreasonable searches and seizures.
Bill 96 not only confers these powers on the Office québécois de la langue française (OQLF), but because it invokes the independence clause, it may repeal the fundamental freedoms guaranteed by the charter.
“Which means that ministers or inspectors can do whatever they want with regard to confiscation, which is contrary to my concept of the rule of law,” said Frederic Berar, a professor of constitutional law at the University of Montreal.
“It’s certainly not a good feeling to see that it’s so easy for these inspectors to come to you and confiscate whatever they want without any court permission.”
Newcomers to Quebec
Bill 96 significantly affects the lives of newcomers outside Canada in Quebec.
Under the new rules, refugees and immigrants moving to Quebec will be entitled to receive services in English or another language for six months after arrival.
All public services will then be exclusively in French, unless one of the exceptions is “health, public safety or the principles of natural justice”.
Those who offer services to newcomers will have to do so in French.
For example, if a civil servant has helped an immigrant whose first language is Italian, even if the worker also speaks Italian, the worker will still be obliged to use only French.
WATCH Christopher Skeet discusses Bill 96:
Christopher Skeet answers questions about the bill 96
The prime minister’s parliamentary assistant for relations with English-speaking Quebec residents concerns jobs, healthcare, refugees and more.
Speaking to CBC’s The Current last week, Christopher Skeet, the prime minister’s parliamentary assistant for relations with English-speaking Quebec residents, said that after six months, newcomers are usually settled enough to begin the transition to French.
Skeet said that in other parts of Canada from Day 1, “you are expected to communicate in English with the Canadian or Ontario government.”
“What we’re saying is that you actually have the right to speak another language here in Quebec for six months.”
Janet Cleveland, who studies the health and well-being of refugees and immigrants at the SHERPA University Institute in Montreal, said the key is to have permission to use other languages.
“Yes, it’s true – there is no obligation in Ontario to offer services in languages other than English,” she said. “But there are many, many programs that allow it.”
“What [Bill 96] prohibits the use of other languages. That’s the big difference. “
Add Comment